Sinkfield v. United States of America, No. 3:2012cv00073 - Document 11 (S.D. Ga. 2013)
Court Description: ORDER granting 3 Motion to Dismiss; adopting 8 Report and Recommendations. Therefore, this action is dismissed, final judgment shall be entered in favor of Respondent and this civil action shall be closed. Signed by Judge Dudley H. Bowen on 6/10/13. (cmr)
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Sinkfield v. United States of America Doc. 11 IN THE LTNITED STATESDISTRICTCOURT FOR THE SOUTHERN DISTRICTOF GEORGIA DUBLIN DIVISION " t^til[i#,.;i1,, ;iii:l.JUIJ pfi 2, I0 I OF 64. STEVENG. SINKFIELD, Petitioner, cv 312-073 (Fomerly CR 311-003) LINITEDSTATESOF AMERTCA, Respondent. ORDER After a careful, de novo review of the file, the Coud concursrvith the Magistrate Judge'sReport andRecommendation, which no objectionshavebeenfiled. Accordingly, to the Reporl and Recommendation the MagistrateJudgeis ADOPTED as the opinion of of the Cour1. Therefore,Respondent's Motion to Drsmissis GRANTED (doc. no. 3), and the instant 6 2255 ntotion is DISMISSED. Further,a federalprisonermust obtain a cerlificate of appealability("COA") before appealingthe denial of his motion to vacate. This Courl "must issueor denya certificateof appealabilitywhen it entersa final order adverse the applicant." Rule 11(a)to the Rules to 2255Proceedings. GovemingSection This Court shouldgranta COA only if the prisoner makes "substantial a showing ofthe denialofa constitutional righr." 28 U.S.C.$ 2253(c)(2). For the reasonsset fofth in the Report and Recommendation,and in consideratron the of in standards enunciated Slack v. McDaniel, 529 U.S. 473,482-84 (2000),Petitionerhas Dockets.Justia.com failed to make the requisite shor.ving. Accordingly, a COA is DENIED in this case.r Moreover,because thereareno non-frivolous issues raiseon appeal,an appealwould not to be taken in good faith. Accordingly, Petitioner is not entitled to appealin forma pauperis. See28 U.S.C.$ 191s(a)(3). Upon the foregoing,a final judgment shall be ENTERED in favor ofRespondent, and this civil action shall be CLOSED. l, thl, 20ll. al Augusta. SO ORDER-ED I'lay ol June. Ceorgia. ' "Ifthe court deniesa certificate,a pafty may not appealthe denial but may seeka certificatefrom the court of appealsunder FederalRule of AppellateProcedure22." Rule 11(a) to the Rules Goveming Section2255 Proceedings.
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